Title: Provisions of the Supreme People's Court on Several Issues Regarding People's Assessors' Participation in Trial Activities Promulgating Entities:Supreme People's Court Reference number: Legal Interpretation (2010) No.2 Promulgation Date: 2010-1-12 Expiration date: Source of text: Wikisource
Proclamation of the Supreme People's Court of the People's Republic of China
The "Provisions of the Supreme People's Court on Several Issues Regarding People's Assessors' Participation in Trial Activities" were passed on November 23, 2009 by the 1477th meeting of the Adjudication Committee of the Supreme People's Court, and are hereby promulgated to take effect on January 14, 2010.
January 12, 2010
Provisions of the Supreme People's Court on Several Issues Regarding People's Assessors' Participation in Trial Activities
Legal Interpretation (2010) No.2
These Provisions are formulated on the basis of the "Decision of the Standing Committee of the National People's Congress on Improving the People's Assessor System" and other laws and Provisions, together with actual trial practice, so as to safeguard and regulate people's assessors' participation in trial activities.
Article 1: In any of the following situations, people's courts' first-instance trial of criminal, civil, or administrative cases, is to be conducted by a collegial panel jointly composed of people's assessor and judges, except in cases where the summary procedures are applied or where the law provides otherwise:
(1) group interests are involved;
(2) the public interest is involved
(3) there is widespread public attention;
(4) it otherwise has larger social impact.
Article 2: Where the defendants in a first-instance criminal trial, the plaintiffs or the defendants in a first-instance civil trial, or the plaintiffs in a first-instance administrative trial, apply to have people's assessors participate in the collegial panel at trial, the collegial panel is to be jointly composed of people's assessors and judges.
Where people's courts obtain the consent of the parties provided for in the preceding paragraph to have a collegial panel jointly composed of people's assessors and judges try the case, it is to be viewed as an application.
Article 3: After the people's court of first-instance decides to apply the ordinary procedures at trial, it shall clearly inform the parties provided for in article 2 of these Provisions, who have the right to apply for people's assessors to participate in the collegial panel trying the case within 5 days of receiving the notification.
After people's courts receive an application submitted by a party within the provided time period, which upon review meets the requirements of these Provisions, they shall form a collegial panel for trial with people's assessors participating.
Article 4: Seven days before opening court for trial, people's courts shall use methods such as computer generation to randomly select and designate people's assessors from the list of people's assessors.
Article 5: Where special cases require that people's assessors possessing specialized knowledge participate in the trial, the people's courts may randomly select people's assessors from among those possessing the specialized knowledge.
Article 6: Where people's assessors truly have legitimate reasons for not being able to participate in trial activities, or where the grounds for parties applications for their recusal are sustained upon review, the people's courts shall newly designate other candidates in a timely manner.
Article 7: When people's assessors participate in collegial panels' deliberation of cases, they have the right to independently express their views on the determination of facts and the application of law, and independently exercise voting rights.
When people's assessors deliberate a case, they shall fully express their views and explain their reasoning, focusing on the determination of facts and application of law.
Article 8: When collegial panels deliberate cases, the presiding judge is to first introduce the law involved in the case and the rules for reviewing and judging evidence; then the people's assessors and other members of the collegial panel are to fully express their views, with the chief presiding judge expressing their views and summarizing the collegial panel's views last.
Article 9: Where people's assessor have a difference of opinions with other members of the collegial panel and request that the collegial panel ask the court president to make a a decision on whether the case should be submitted to be discussed and decided by the adjudication committee, they shall explain their reasons; and the people's assessors' request and reasoning shall be written into the deliberation notes.
Article 10: People's assessors shall earnestly read the deliberation notes and sign them after verifying that there are no mistakes; where inconsistencies between the deliberation notes and the content of the deliberations are discovered, they shall request that corrections be made and then sign them.
People's assessors shall review the draft judgment document and sign it.